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PERSONAL SERVICES CONTRACT THIS AGREEMENT, made this day of October, 1995, between the City of Moscow, a Municipal Corporation of the state of Idaho, (hereinafter "CITY") and American Building Maintenance Co. (hereinafter "JANITOR") : WITNESSETH: WHEREAS, the CITY is in need of janitorial services for city Hall/Community Center, City Hall Annex/Police Station, and Eggan Youth Center in Moscow, Idaho and has requested JANITOR to undertake the duties of the necessary janitorial services upon the terms and conditions hereinafter expressed: NOW THEREFORE IT IS HEREBY AGREED AS FOLLOWS: 1. TERM: This Agreement shall be effective from the date below until September 30, 1996, unless said Agreement shall be terminated as hereinafter provided. 2. REMUNERATION: The CITY will pay JANITOR for such services, a yearly fee of $30, 096. 48 in equal installments paid on or before the lOth day of each calendar month, the first payment to be made on or before the lOth day of November, 1995, and said installment payment shall be proportionate to the actual period of service up to that date. 3. INDEPENDENT CONTRACTOR: JANITOR shall be an independent contractor and not an employee of the CITY and shall comply with all the duties hereinafter set forth and shall use his or her best efforts to carry out daily service duties, weekly service duties, service duties, service duties, bi-annual service duties and annual service duties. 4. JANITORIAL OBLIGATIONS: It is understood and agreed that the JANITOR will furnish all cleaning equipment and materials necessary to perform the listed services hereinafter set forth with the exception of toilet tissue, hand towels, soap, garbage sacks and light bulbs, which shall be supplied by CITY. The CITY shall also supply all necessary electricity and water needed for the JANITOR'S performance under this Agreement. 5. KEYS: One building key shall be furnished to JANITOR by CITY. JANITOR is responsible for custody and care of the building key. In the event that JANITOR misplaces or loses said key, JANITOR shall be responsible for the re-keying of all CITY locks serviced by said key. Janitor Agreement -1 95-77 ---PAGE BREAK--- 6. DUTIES: JANITOR shall perform all duties in a good and workmanlike manner in conformance with the Cleaning Quality Requirements (Exhibit A) attached hereto and incorporated by reference to this Agreement. A. Daily Service shall be performed in conformance with the following schedule: 5 days per week (Mon-Fri) in the City Hall AnnexjPolice Station 5 days per week (Mon-Fri) in the City Hall/Community Center 5 days per week (Mon-Fri) in the Youth Center B. JANITOR shall perform the following Daily Service: 1) Empty all waste baskets and place contents in dumpster at the city Hall Annex or City Hall/Community Center for disposal 2) Empty and clean ash urns 3) sweep andjor dust mop all floor surfaces 4) Dust cleared desks, chairs, tables and other office surfaces 5) Dust counters, file cabinets, all ledges and other surfaces within reach 6) Wet mop restroom floors 7) Clean and sanitize sinks, toilets, urinals and other restroom fixtures. Clean mirrors 8) Wipe down stall walls in restrooms 9) Clean and refill all restroom dispensers (leave an extra roll of toilet paper and paper towels in police station bathroom) 10) Wash entrance doors and entrance glass (interior and exterior) 11) Wash and clean drinking fountains 12) Vacuum all carpets including elevator 13) Keep janitor closet clean and orderly 14) Wipe clean all sinks, counters, and tables in conference rooms and utility kitchens Janitor Agreement -2 ---PAGE BREAK--- 15) Sweep stair landings and steps of south staircase in City Hall/Community Center C. JANITOR shall perform the following Weekly Service: 1) Damp mop all tile floors (Youth Center and City Hall/Community Center floors shall be done three days per week) 2) Remove scuff marks as necessary 3 Clean interior glass 4) Clean cleared desk tops, counter tops, file cabinets, wastebaskets, drawer faces 5) Clean fixture exteriors and replace burnt out bulbs 6) Dust all woodwork, walls and partitions 7) Wash and clean restroom walls 8) Clean stains or spots on carpets 9) Sweep stair landings and steps including exterior landings and entrances 10) Wipe down elevator walls 11) Buff all tile floors to maintain a high shine 12) Vacuum all upholstered furniture D. JANITOR shall perform the following Service: 1) Dust all areas requiring a ladder to reach 2) Wash and clean all walls 3) Clean exterior windows 4) Wet mop stair landings and steps 5) Steam clean carpeting in the first floor hallway and elevator (City Hall/Community Center) 6) Steam clean carpeting in the hallways (City Hall AnnexjPolice Station) E. JANITOR shall perform the following Service: Janitor Agreement -3 ---PAGE BREAK--- Steam clean carpeting in the hallways (City Hall/Community Center second and third floors) i F. JANITOR shall perform the following Bi-Annual Service: l) Steam clean carpeting and all upholstered chairs, except those chairs in the City Hall/Community Center council chambers 2) Scrub and wax all tile floors 3) Disassemble and clean ceiling light fixtures G. JANITOR shall perform the following Annual Service: 1) Strip, scrub and wax all tile and terrazzo floors 2) Wipe down or wash all venetian blinds and shades 7. ADDITIONAL DUTIES OF JANITOR: A. Will be responsible for securing buildings upon completion of work B. Will be responsible to see that all work is completed between 5:00 p.m. and 8:00 a.m. except sundaysj provided that JANITOR shall work around meetings in said buildings taking place after 5:00 p. m. c. Shall provide a schedule of bi-annual and annual stripping, waxing, and steam cleaning dates in advance D. Attend a meeting with appropriate city officials for the purpose of evaluating the previous month's work. Material needs for the upcoming month will be presented at each meeting 8. SUBCONTRACTING: A minimum of 80% of the duties and work described above shall be accomplished by the JANITOR and shall not be subcontracted by JANITOR to other parties. Any subcontract shall be reported in advance to the CITY, and shall be subject to CITY approval. JANITOR shall remain responsible for the work of subcontractors performed pursuant to this contract. Further, JANITOR shall indemnify and hold CITY harmless for any damages or claims of whatever nature arising from the letting of any subcontract or the work performed thereunder. Janitor Agreement -4 ---PAGE BREAK--- 9. INSURANCE/WITHHOLDINGS: JANITOR expressly understands and agrees that he or she shall be fully responsible for his or her own workmen's compensation insurance, state and federal withholding taxes, FICA withholding, etc. JANITOR further agrees that he or she shall be solely responsible for his or her employees, and further JANITOR shall carry all applicable workmen's compensation insurance on said employees, if applicable. JANITOR agrees to indemnify and hold CITY harmless for any damages or claims of whatever nature of JANITOR or JANITOR's employees. 10. TERMINATION: This Agreement may be terminated without cause at any time by the CITY giving the JANITOR ten (10) calendar days notice in writing of its intention to terminate the same. 11. MISSED DAYS: A prorated deduction shall be made from the installment for any and all scheduled days during a month in which a building is not cleaned. 12. BONDING: JANITOR shall obtain, at his or her sole expense, a fidelity bond in the amount of $2500. 00. Said bond must be furnished to the CITY within five days of commencing work under this agreement. Said bond shall apply to all work performed pursuant to this Agreement, whether actually performed by JANITOR, his or her employees, or subcontractors. 13. CONTRACT DOCUMENTS: This Agreement consists of the following documents: A. This Agreement; B. Cleaning Quality Requirements (Exhibit IN W!TNESS WHEREOF, the parties hereto have set their hand thiS day Of 1 1995. CI Y OF MOSCOW: pCs:r Janitor Agreement -5